A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §35-5-9, relating to
creating a board and fund to be used to maintain cemeteries
that have been abandoned.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §35-5-9, to read as
follows:

(b) Burial grounds or other cemeteries incorporated under this
article shall contribute to the Cemetery Maintenance Fund for the
maintenance of abandoned cemeteries, including, but not limited to,
lawn care, construction or repair of cemetery fences, placement of
cemetery lights and replacement of cemetery doors and locks, the
restoration of property damaged by acts of vandalism, and for the
repair or removal of monuments or other markers not owned by the
cemetery corporation that have fallen into disrepair or
dilapidation so as to create a dangerous condition.

(c) The fund is financed by:

(1) Fees by the cemetery corporations of not more than $5 per
interment or cremation in a manner to be determined by rule of the
Cemetery Maintenance Board. No contributions may be collected upon
the interment of the remains of a deceased person where a
contribution was collected upon cremations; and

(2) Two percent of the gross sales proceeds or $50, whichever
is greater, received from the sale of any burial right or lot and
not less than two percent of the gross sales proceeds from the sale
of any entombment right or columbarium right.

(d) All fees collected under this section are deposited in the
special account in the State Treasury known as the “Cemetery
Maintenance Fund.” Expenditures from the fund are for the purposes
set forth in this section. The assets of the fund may be invested
and reinvested by the board in accordance with state law. If the
balance of the fund on December 31 of any year equals or exceeds
$500,000, no more fees or taxes are to be taken from burial grounds
or incorporated cemeteries.

(e) The fund shall be administered by the Cemetery Maintenance
Board comprised of the Secretary of State, the Attorney General and
the Secretary of the Department of Health and Human Resources, or
their designees, who shall serve without additional compensation.

(f) The Cemetery Maintenance Board shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code defining when standards
of maintenance for lawn care, construction or repair of cemetery
fences, placement of cemetery lights and replacement of cemetery
doors and locks, the restoration of property damaged by acts of
vandalism, and for the repair or removal of monuments or other
markers not owned by the cemetery corporation that have fallen into
disrepair or dilapidation so as to create a dangerous condition.

(g) Nothing contained in this section gives a burial ground or
cemetery corporation an "insurable interest" in monuments or other
embellishments on a plot, lot or part thereof, nor is it meant to
imply that the cemetery corporation has any responsibility for
repairing vandalism damage not covered by this fund, nor for
repairing or removing out of repair or dilapidated monuments or
other markers not owned by the cemetery corporation, nor shall it
constitute the doing of an insurance business.

(h) The use of funds from the Cemetery Maintenance Fund on any
abandoned burial ground or cemetery is only triggered after that
burial ground or cemetery’s private permanent endowment fund has
been exhausted.

(i) This section does not apply to any private or family
cemetery wherein lots or spaces are not offered for public sale or
to any cemetery which is owned and operated entirely and
exclusively by churches, religious societies, established fraternal
organizations, municipalities or other subdivisions of the state or
a national cemetery.

NOTE: The purpose of this bill is to create a fund and board
which will oversee the upkeep and beautification of cemeteries
which have been abandoned by private corporations or people.